Drinking Water Revolving Loan Fund Program ● Guidance for Preparing the
PLANS AND SPECIFICATIONS
LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS • OFFICE OF PUBLIC HEALTH
Plans and Specifications must be submitted to the LDHH for review and approval as a requirement of the Drinking Water Revolving Loan Fund (DWRLF) program.
SUBMITTAL REQUIREMENTS
The Plans and Specifications submittal must include, as a minimum, the following: 1. One Set of detailed Plans and Specifications must be submitted to LDHH. A registered professional engineer, licensed to practice in the State of Louisiana, must stamp the plans and specifications. They should be submitted at least 30 days prior to the time the permitting, comments, or recommendations are desired by the owner. 2. Include a vicinity map showing the project location, in relation to major highways, cities, towns, rivers and streams must be submitted. 3. Include layout drawings of the water distribution mains, showing all pump stations, hydrants, valves, pipe size and materials, water main depths, etc., as well as the water well location(s). 4. Include detail drawings of production (wells), treatment and distribution facilities with vertical and horizontal views, dimensions, capacities, materials and elevations. 5. The Design Summary Package forms for the submitted project. All applicable sheets must be completed. (See Design Summary Package Guidance for details)
DESIGN REQUIREMENTS
Plans and Specifications for DWRLF projects must meet the technical design requirements contained in the Louisiana Administrative Code Title 51 Part 12, LAC 51:XII (Formerly Chapter 12 of the State Sanitary Code) and the Recommended Standards For Water Works (2003 Edition), and must contain the seal and signature of a registered professional engineer in accordance with rules of the State Board of Registration. Eligibility: Any portions of the project that do not meet federal eligibility requirements cannot be funded through the DWRLF. If any portions of the project are not eligible, these should be listed separately and identified as ineligible in the bid proposal. Water Meters: Those systems that do not have water meters will be required to purchase and install water meters as a condition of obtaining assistance through the DWRLF program (See User Charge System Guidance for details). Groundwater Source Testing: Any Plans and Specifications which include a new well water source will be approved with the understanding that the quality of water from the finished well shall comply with the National Primary Drinking Water Regulations promulgated by the U.S. Environmental Protection Agency. National Secondary Drinking Water Regulations should be complied with. Samples must be tested by a state certified independent laboratory and results submitted to our office for review and approval before the new water well can be put into service. (See the Groundwater Source Testing Guidance for details regarding testing). Plans and Specifications shall not preclude the necessity of appropriate treatment should the water not comply with these standards. And should any treatment be necessary, plans and specifications must be revised to include the appropriate treatment, and sent to the DHH DWRLF Office for review and approval. Project Performance Period: The specifications should also include provisions for a one-year project performance period by the contractor. PASG 8/3/2006 Page 1 of 3
DWRLF REVIEW NOTES: 1. The review of the plans and specifications are made, with some exceptions, in accordance with the “Recommended Standards for Water Works”, 2003 Edition, promulgated by the Great Lakes and Upper Mississippi River Board of State Sanitary Engineers. Design standards for water well construction is contained in the “Louisiana Water Well Rules, Regulations, and Standards”, November, 1985 Edition, promulgated by the Louisiana Department of Transportation and Development, Water Resources Division. Additional Design Standards for water are found in the Louisiana Administrative Code, LAC 51:XII (Formerly Chapter 12 of the State Sanitary Code), available from Louisiana Department of Health and Hospitals, Sanitation Services, 628 N. 4th Street (P. O. Box 4489), Baton Rouge, Louisiana, 70821-4489. 2. The review of the plans and specifications will also include a comparison to the selected alternative as listed in the System Improvement Plan (SIP) for agreement in design.
REQUIRED STATEMENTS
Federal procurement regulations do not apply to DWRLF projects; however, Drinking Water Revolving Loan Fund projects will have to meet a number of cross cutting Federal laws listed below. Contractors will not be eligible to receive DWRLF money until these requirements are met. In the project specifications, these requirements must be expressly stated and that all contractors must comply. (See attachment to this guidance for details regarding these required statements) 1. Presidential Executive Orders 11625, 12138, and 12432; Women's and Minority Business Enterprise. 2. Presidential Executive Order 12549, Debarment and Suspension. 3. Presidential Executive Order 11246, Equal Employment Opportunity. 4. The following three clauses must be included verbatim in the contract documents to satisfy the federal cross cutting laws. The complete verbatim statements may be found in an attachment to this guidance, the Verbatim Clauses Attachment. I. Equal Opportunity Clause: 40 CFR PART 8, 1-7 II. Historical Preservation Clause: 36 CFR PART 800 III. Endangered Species Clause: Endangered Species Act Of 1973, As Amended NOTE: Items 1, 2 and 4 above will apply to all projects receiving loan assistance from funds provided by the Environmental Protection Agency in the capitalization grants awarded to the State. Once all funds provided in the capitalization grants have been used, these requirements will no longer apply. Item 3 above will apply to the DWRLF program permanently.
REQUIRED FORMS
The following forms are necessary for compliance with the requirements listed above the “Statements” section, and must be included in the specifications for the contractors to complete as part of their bids. Contractors will not be eligible to receive DWRLF money until these requirements are met. Copies of these forms are attached for your use. (See attachment to this guidance for copies of these required forms) 1. RF-211 Prospective Prime Contractor's (Bidder) Statement About Equal Opportunity Clause 2. RF-212 Prospective Prime Contractor's (Bidder) Certification of Nonsegregated Facilities 3. DBE Guidance Document. This document must be included in its entirety. It is specifically important that the Six Good Faith Efforts, as listed in this document, be included in the specifications. (See the DBE Guidance Document for details) 4. DBE Forms 1 – 5. These forms accompany the DBE Guidance Document. (See the DBE Guidance Document for details) 5. EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." This form must be completed by the prime contractor and any prospective subcontractors. The prime contractor must PASG 8/3/2006 Page 2 of 3
also obtain an executed EPA Form 5700-49 from each subcontractor and supplier used. This should be stated in the Specifications.
ADVERTISEMENT FOR BIDS
The Advertisement (Invitations) for Bids must be submitted as part of the specifications and must include the following statement: “Equal Opportunity in Employment: All qualified applicants will receive consideration for employment without regard for race, color, religion, sex, or national origin. Bidders on this work will be required to comply with the President’s Executive Order No. 11246, as amended. The requirements for bidders and contractors under this order are explained in the specifications.”
BIDDING REQUIREMENTS
Federal procurement regulations for EPA funded projects (40 CFR Part 31) do not apply to DWRLF projects. Therefore, DWRLF projects must be bid and contracts awarded in accordance with any applicable State laws and regulations, and any parish or local ordinances. Plans and Specifications will be reviewed to see that the State requirements will be used for the bidding and award process; however; our staff is not legal experts and approval of plans and specifications does not guarantee that the project is in compliance with all State and local requirements. Bid Review: The Office of Public Health will review bid documents and will issue a letter to the recipient authorizing a contract award, so bidding schedules should be planned to allow time for this activity (See Bid Guidance Document for details). Bid Protests: We will not take an active role in the resolution of any bid protests, except insofar as any Federal requirements of the DWRLF program may be involved. Beginning Construction Prior to Approval: We cannot authorize recipients to begin construction prior to approval of system improvement plans, plans and specifications, addenda, and bid documents. While we strongly discourage recipients from taking any action based on documents that have not been approved, we recognize that some recipients may have compliance schedules that do not allow time for the normal review and approval process. Should construction begin before the approval of all necessary documents the recipient must accept the risk of loss of financial assistance for any elements of the project that are not approvable or eligible. We will attempt to assist these recipients as much as possible but we cannot guarantee that financial assistance will be available until all program requirements have been met. Reimbursement of Costs Generated Prior to Approval: The DWRLF program does allow loans to include reimbursement for work already performed. It is allowable for the recipient to receive bids and to award construction contracts before the loan agreement is signed, however, no payments can be made until after the loan agreement is signed; and there may be some limitations on making large payments immediately after the loan agreement is signed. Refinancing of Work Completed Prior to Loan Agreement: Based on the availability of funds or other reasons, the Office of Public Health may establish a policy regarding the refinancing of work already completed. However, no work by any private organization may be refinanced, and no work may be refinanced that began prior to July 1, 1993. The recipient should inquire about the current policy before undertaking any work before the loan agreement is signed.
OTHER REQUIREMENTS
Drinking Water Revolving Loan Fund projects will have to meet an additional cross cutting Federal law listed below. Loan Recipients and Contractors will not be eligible to receive DWRLF money if this requirement is not met: The Loan Recipient will be required to confirm that their project is in compliance with Presidential Executive Order 13202, as amended by E.O. 13208, concerning Preservation of Open Competition.
PASG 8/3/2006
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